Venue is the geographic location (county in state court or district in federal court) where a lawsuit may be filed. Proper venue is usually determined by statute, and upon the filing of a lawsuit, the defendant may seek to transfer (move) the venue to a proper venue if it believes the plaintiff’s choice of venue is not a proper venue.

In Massachusetts, the concept of venue refers to the appropriate location within the state where a legal case should be heard. State statutes determine the proper venue for different types of cases. Generally, civil cases should be filed in the county where one of the parties lives or does business, or where the cause of action occurred. For criminal cases, the venue is typically where the crime was committed. If a defendant believes that the plaintiff has chosen an improper venue, they may request a transfer to a proper venue. This is known as a motion for change of venue, which the court will grant if it finds that the current venue is not appropriate or if there is a likelihood that a fair trial cannot be held due to prejudicial pre-trial publicity or other factors. In federal court, the venue is determined by the U.S. Code, which generally allows for a lawsuit to be filed where any defendant resides, where a substantial part of the events or omissions giving rise to the claim occurred, or where any real property involved in the action is situated. Similar to state court, a defendant in federal court can also file a motion to change venue under certain circumstances.